Proposal for a COUNCIL REGULATION (EC) on certain procedures for applying the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part
Date: 1994-12-13
Institutions: European Commission
Subjects: Bulgaria, EU Member State, agricultural product, association agreement, protective clause, trade agreement

COMMISSION OF THE EUROPEAN  COMMUNITIES 

COM(94) 657  final 

Brussels,  13.12.1994 

94/  0317(ACC) 

94/  0318(ACC) 

Proposal for a 

COUNCIL REGULATION  (EC) 

9 4/  0317(ACC) 

on certain procedures for applying the Europe Agreement 
establishing an association between the European Communities 
and their Member States, of the one part, 
and the Romania, of the other part 

Proposal  for a 

COUNCIL REGULATION  (EC) 

94/  0318(ACC) 

on certain procedures for applying the Europe Agreement 
establishing an association between the European Communities 
and their Member States, of the one part, 
and the Republic of Bulgaria, of the other part 

(presented by the Comalssion) 

EXPLANATORY MEMORANDUM 

The  Community  signed  Europe  Agreements  with  Romania  and  Bulgaria  on  1 February 
1993 and 8 March  1993 respectively. 

The  proposed  Regulations  introduce  the  modalities  for  the  application  of  certain 
safeguard  measures  and  measures  of  commercial  protection  contained 
these 
Agreements  and  provide  a  legal  basis  enabling  the  Commission  to  implement  the 
provisions of these Agreements concerning agricultural products. 

in 

The  objective  of  the  proposed  implementing  Regulations  is  the  introduction  of  specific 
rules to the general provisions concerning the Community's import regime (including  the 
provisions  establishing  protection  against  subsidies  and  dumping  practices  in  relation  to 
imports  from  third  countries)  in  order  to  respect  the  obligations  undertaken  in  the 
Agreements. 

Similar  Regulations  have  been  adopted  for  the  implementation  of  such  measures  under 
the Interim and Europe Agreements concluded with Poland and Hungary. 

To  allow  the  Europe  Agreements  with  Romania  and  Bulgaria  to  enter  into  force  on 
February  1,  1995,  a  Council  and  Commission  Decision  on  the  conclusion  of  these 
Agreements  has  to  be  adopted  in  December  1994.  Also  the  proposed  implementing 
regulations  must  be  adopted  before  the  entry  into  force  of  the  Agreements.  Certain 
Member  States  insist  that  the  Conclusion  Decision  should  be  accompanied  by  these 
implementing  regulations. 

The  Commission  therefore  requests  the  Council  to  adopt  the  proposed  Regulations  in 
view  of  the  entry  into  force  of  the  Europe  Agreements  with  Romania  and  Bulgaria 
anticipated for February  1, 1995. 

L 

COUNCIL REGULATION (EC) Nr... 
Of... 

9 4/  0317 (ACC) 

on certain procedures for applying the Europe Agreement 
establishing an association between the European Communities 
and their Member States, of the one part, 
and the Romania, of the other part 

THE COUNCIL OF THE EUROPEAN  COMMUNITIES, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article  113 thereof, 

Having regard to the proposal from  the Commission, 

Whereas  a  Europe  Agreement  establishing  an  association  between  the  European 
Communities  and  their  Member  States,  of  the  one  part,  and  the  Romania,  of  the  other 
part,  hereinafter  referred  to  as  'the  Agreement',  was  signed  in  Brussels  on  1  February 
1993; 

Whereas  pending  the  entry  into  force  of  the  Europe  Agreement,  its  provisions  on  trade 
and  trade-related  matters  have  been  given  effect  since  1  May  1993  by  an  Interim 
Agreement  on  trade  and  trade-related  matters  between  the  European  Economic 
Community  and  the  European  Coal  and  Steel  Community,  of  the  one  part,  and  the 
Romania, of the other part, signed in Brussels on  1  February  19931; 

Whereas pursuant to the conclusions  of the Copenhagen  European  Council  on 21 and  22 
June  1993  regarding  new  trade  concessions  for  the  Central  and  Eastern  European 
countries,  an  Additional  Protocol  to  the  Interim  Agreement  was  concluded  on  20 
December  19932  by  the  European  Community  and  the  European  Coal  and  Steel 
Community, of the one part, and Romania, of the other part; 

Whereas it is necessary to lay down the procedures  for  applying certain provisions  of the 
Agreement; 

Whereas, with regard to trade protection measures, it is appropriate, where the  provisions 
of  the  Agreement  render  it  necessary,  to  lay  down  specific  provisions  concerning  the 
general rules provided for in particular in Council Regulation (EC) Nr 518/94 of 7 March 
1994  on  common  rules  for  imports3  and  in  Council  Regulation  (EC)  Nr  521/94  of  7 
March  1994  on  protection  against  dumped  or  subsidised  imports  from  countries  not 
members of the European  Community4; 

Whereas  account  should  be  taken  of  the  undertakings  set  out  in  the  Agreement  when 
examining whether a safeguard  measure should be introduced; 

1  OJNrL  81, 2.04.1993, p. 2 
2  OJNrL  25, 29.01.1994, p.21 
3  OJ NrL  67,  10.03.1994, p.77 
4  OJ NrL  66,  10.03.1994, p.7 

% 

Whereas  the  procedures  concerning  safeguard  clauses  provided  for  in  the  Treaty 
establishing the European Community are also applicable; 

Whereas  specific  provisions  have  been  adopted  for  safeguard  measures  concerning  the 
textile products covered by Protocol  1  of the Agreement; 

Whereas certain special procedures  should be introduced  for the application  of  safeguard 
measures in the agricultural sectors, 

HAS ADOPTED THIS  REGULATION: 

TITLE I 

Agricultural  products 

Article  J 

Provisions  for  the  application  of  Article  21(2)  and  (4)  of  the  Agreement  concerning 
agricultural  products  falling  within  Annex  II of the Treaty  and  subject  in the  framework 
of the common market organization to a regime of levies, and concerning products  falling 
within  CN  codes  07119050  and  20031010,  shall  be  adopted  in  accordance  with  the 
procedure  provided  for  in  Article  23  of  Regulation  (EC)  Nr  1766/925  or  in  the 
corresponding  provisions  of other regulations establishing  a common  organization  of the 
agricultural  markets.  These  provisions  may  provide  for  the  introduction  of  a  system  of 
import  certificates  in those  sectors  in which  such certificates  are not provided  for  by  the 
common organization of agricultural markets. 

TITLE II 

Protective measures 

Article 2 

The  Council  may,  in  accordance  with  the  procedures  provided  for  in  Article  113  of  the 
Treaty,  decide  to  refer  to  the  Association  Council  established  by  the  Agreement  with 
regard  to  the  measures  provided  for  in Articles  29 and  119(2) of the  Agreement.  Where 
necessary, the Council shall adopt these measures in accordance with the same procedure. 

The  Commission  may, on its own  initiative  or at the request  of a Member  State,  present 
the necessary proposals to this end. 

Article 3 

l.In the case of a practice that may justify  application by the Community of the  measures 
provided  for  in Article  64 of the Agreement,  the  Commission,  after  examining  the  case, 

OJNrL181,  1.07.1992,  p.21 

h 

on  its  own  initiative  or  at  the  request  of  a  Member  State,  shall  decide  whether  such 
practice  is  compatible  with  the  Agreement.  Where  necessary,  it  shall  propose  the 
adoption  of  safeguard  measures  to  the  Council,  which  shall  act  in  accordance  with  the 
procedure  laid  down  in  Article  113  of  the  Treaty,  except  in  the  cases  of  aid  to  which 
Regulation  (EC)  Nr  521/94  applies,  when  measures  shall  be  taken  according  to  the 
procedures  laid  down  in  that  Regulation.  Measures  shall  be  taken  only  under  the 
conditions set out in Article 64(6) of the Agreement. 

2.1n the  case  of  a practice  that  may  cause measures  to  be  applied  to the  Community  by 
Romania  on the basis of Article 64 of the Agreement,  the Commission,  after  examining 
the case, shall decide whether the practice is compatible with the principles  set out in the 
Agreement.  Where  necessary,  it  shall  take  appropriate  decisions  on  the  basis  of  the 
criteria which result from the application of Articles 85, 86 and 92 of the Treaty. 

Article 4 

In the case of a practice which is liable to warrant the application, by the Community,  of 
the  measures  provided  for  in  Article  30  of  the  Agreement,  the  introduction  of 
anti-dumping  measures  shall  be  decided  upon  in  accordance  with  the  provisions  laid 
down  in Regulation  (EC) Nr  521/94  and the procedure provided  for  in Article  34(2)  and 
(3)(b) or (d) of the Agreement. 

Article 5 

1.Where  a  Member  State  requests  the  Commission  to  apply  safeguard  measures  as 
provided  for  in Articles  31 or  32 of the Agreement,  it  shall provide the  Commission,  in 
support  of  its  request,  with  the  information  needed  to  justify  it.  If  the  Commission 
decides  not  to  apply  safeguard  measures,  it  shall  inform  the  Council  and  the  Member 
States  accordingly  within  five  working  days  of  receipt  of  the  request  from  the  Member 
State. 

Any  Member  State may refer  this decision  of the  Commission  to the  Council  within  ten 
working days of its  notification. 

If the Council, acting by the qualified  majority,  indicates its intention to adopt a  different 
decision,  the  Commission  shall  inform  Romania  thereof  forthwith  and  shall  notify  it  of 
the opening of the consultations within the Association Council as provided for in Article 
34(2) and (3) of the Agreement. 

The Council, acting  by a qualified  majority,  may  take  a different  decision  within twenty 
working days of the conclusion of the consultations with Romania within the  Association 
Council. 

2.The Commission  shall be assisted  by the  committee  established  by  Reg  (EC)3491/936 
(hereinafter  referred  to as 'the Committee1). 

OJNr319,21.12.1993,p.l 

C 

The Committee  shall meet when convened by its chairman. The latter shall  communicate 
any appropriate information to the Member States at the earliest opportunity. 

3.Where  the  Commission,  at  the  request  of  a  Member  State  or  on  its  own  initiative, 
decides that  the  safeguard  measures  provided  for  in  Articles  31 or  32 of  the  Agreement 
should be applied: 

-it  shall  inform  the  Member  States  forthwith  if  acting  on  its  own  initiative  or,  if  it  is 
responding to a Member State's request, within five working days of the date of receipt of 
that request, 

-it shall consult the Committee, 

-at  the  same  time  it  shall  inform  Romania  and  notify  the  Association  Council  of  the 
opening of consultations as referred  to in Article 34(2)and (3) of the Agreement, 

-at  the  same  time  it  shall  provide  the  Association  Council  with  all  the  information 
necessary for these consultations. 

4.In  any  event,  the  consultations  within  the  Association  Council  shall  be  deemed  to  be 
completed  thirty  days  after  the  notification  referred  to  in  the  fourth  sub  paragraph  of 
paragraph  1  and in paragraph 3. 

At the  end  of the consultations  or on expiry  of the period  of thirty  days, and  if  no  other 
arrangement  proves possible, the Commission,  after  consulting  the Committee, may  take 
appropriate measures to implement Articles 31 and 32 of the Agreement. 

5.The decision  referred  to  in paragraph  4  shall  be  notified  forthwith  to  the  Council,  the 
Member  States and Romania; it shall also be notified  to the Association Council. 

The decision shall be immediately  applicable. 

6.Any Member  State may refer the Commission decision referred  to in paragraph 4 to the 
Council within ten working days of receiving notification  of the decision. 

7.If  the  Commission  has  not  taken  a  decision  within  the  meaning  of  the  second 
subparagraph  of paragraph 4 within ten working days of the end of the consultations  with 
the Association  Council  or, as the case may  be, the end  of the period  of thirty  days, any 
Member  State  which  has  referred  the  matter  to  the  Commission  in  accordance  with 
paragraph 3 may refer  it to the Council. 

8.In  the  cases  referred  to  in  paragraphs  6  and  7  the  Council,  acting  by  a  qualified 
majority,  may adopt a different  decision within two months. 

Article 6 

1.Where  exceptional  circumstances  arise  within  the  meaning  of  Article  34(3)(d)  of  the 
Agreement,  the  Commission  may  take  immediate  safeguard  measures  in  the  cases 
referred  to in Articles 31 and 32 of the Agreement. 

2.1f  the  Commission  receives  a  request  from  a  Member  State,  it  shall  take  a  decision 
thereon within five working days of receipt of the request. 

The Commission shall notify  the Council and the Member States of its decision. 

3.Any  Member  State may refer  the  Commission's  decision to the Council  in  accordance 
with the procedure provided for in Article 5(6). 

The procedure set out in Article 5(7) and (8) shall be applicable. 

If the Commission has not taken a decision  within the time limit mentioned  in paragraph 
2, any Member  State which has referred  the matter to the Commission may refer  it to the 
Council 
in  accordance  with  the  procedures  laid  down  in  the  first  and  second 
subparagraphs of this paragraph. 

Article 7 

The  procedures  laid  down  in  Articles  5  and  6  shall  not  apply  to  products  covered  by 
Protocol  1  of the Agreement. 

Article 8 

By way  of derogation  from  Articles  5 and  6, if the circumstances  demand  that  measures 
are  taken  concerning  agricultural  products  on  the  basis  of  Articles  22  or  31  of  the 
Agreement  or  on  the  basis  of  provisions  in  the  Annexes  covering  these  products,  such 
measures  shall  be taken according to procedures  provided  for  by the rules establishing  a 
common organization of the agricultural  markets, or in specific  provisions adopted  under 
Article  235  of  the  Treaty  and  applicable  to  products  resulting  from  the  processing  of 
agricultural products, provided that the conditions established under Article 22 or  Article 
34(2) and (3) of the Agreement are met. 

Article 9 

Notification  to  the  Association  Council  as  required  by  the  Agreement  shall  be  the 
responsibility  of the Commission, acting on behalf of the Community. 

Article 10 

This Regulation  does not preclude the application  of  safeguard  measures provided  for  in 
the Treaty establishing the European Community,  in particular in Articles  109h and  109i, 
according to the procedures laid down therein. 

Article 11 

This  Regulation  shall  enter  into  force  on the  day  following  that  of  its publication  in  the 
Official  Journal of the European Communities. 

It shall apply from  the entry into force of the Europe Agreement. 

This  Regulation  shall  be  binding  in  its  entirety  and  directly  applicable  in  all  Member 
States. 

Done at Brussels, 

For the Council 
The President 

% 

COUNCIL REGULATION (EC) Nr... 
Of... 

9 4'  0318(ACC) 

on certain procedures for applying the Europe Agreement 
establishing an association between the European Communities 
and their Member States, of the one part, 
and the Republic of Bulgaria, of the other part 

THE COUNCIL OF THE EUROPEAN  COMMUNITIES, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article  113 thereof, 

Having regard to the proposal from the Commission, 

Whereas  a  Europe  Agreement  establishing  an  association  between  the  European 
Communities  and their Member  States, of the one part,  and the Republic  of Bulgaria,  of 
the  other  part,  hereinafter  referred  to  as  'the  Agreement',  was  signed  in  Brussels  on  8 
March 1993; 

Whereas  pending  the  entry  into  force  of  the  Europe  Agreement,  its  provisions  on  trade 
and  trade-related  matters  have been  given  effect  since  31 December  1993 by  an  Interim 
Agreement  on  trade  and  trade-related  matters  between  the  European  Economic 
Community  and  the  European  Coal  and  Steel  Community,  of  the  one  part,  and  the 
Republic of  Bulgaria, of the other part, signed in Brussels on 8 March  19931; 

Whereas pursuant  to the conclusions of the Copenhagen  European  Council  on 21 and  22 
June  1993  regarding  new  trade  concessions  for  the  Central  and  Eastern  European 
countries,  an  Additional  Protocol  to  the  Interim  Agreement  was  concluded  on  20 
December  19932  by  the  European  Community  and  the  European  Coal  and  Steel 
Community, of the one part, and Republic of Bulgaria, of the other part; 

Whereas it is necessary to lay down the procedures for  applying certain provisions of the 
Agreement; 

Whereas, with regard to trade protection measures, it is appropriate, where the provisions 
of  the  Agreement  render  it  necessary,  to  lay  down  specific  provisions  concerning  the 
general rules provided for in particular in Council Regulation (EC) Nr 518/94 of 7 March 
1994  on  common  rules  for  imports3  and  in  Council  Regulation  (EC)  Nr  521/94  of  7 
March  1994  on  protection  against  dumped  or  subsidised  imports  from  countries  not 
members of the European  Community4; 

Whereas  account  should  be  taken  of  the  undertakings  set  out  in  the  Agreement  when 
examining whether a safeguard  measure should be introduced; 

Whereas  the  procedures  concerning  safeguard  clauses  provided  for  in  the  Treaty 
establishing the European Community are also applicable; 

1  O J N rL  81, 2.04.1993, p. 2 
2  OJ NrL  25, 29.01.1994, p.26 
3  OJ NrL  67,  10.03.1994, p.77 
4  OJ NrL  66,  10.03.1994, p.7 

Whereas  specific  provisions  have  been  adopted  for  safeguard  measures  concerning  the 
textile products covered by Protocol  1  of the Agreement; 

Whereas certain  special procedures  should be introduced  for the application  of  safeguard 
measures in the agricultural sectors, 

HAS ADOPTED THIS  REGULATION: 

TITLE I 

Agricultural  products 

Article 1 

Provisions  for  the  application  of  Article  21(2)  and  (4)  of  the  Agreement  concerning 
agricultural  products  falling  within  Annex II of the Treaty  and  subject  in the  framework 
of the common market organization to a regime of levies, and concerning products  falling 
within  CN  codes  07119050  and  20031010,  shall  be  adopted  in  accordance  with  the 
procedure  provided  for  in  Article  23  of  Regulation  (EC)  Nr  1766/925  or  in  the 
corresponding  provisions of other regulations establishing  a common organization  of the 
agricultural  markets.  These  provisions  may  provide  for  the  introduction  of  a  system  of 
import  certificates  in those  sectors  in which  such certificates  are not provided  for  by  the 
common organization of agricultural markets. 

TITLE II 

Protective measures 

Article 2 

The  Council  may,  in  accordance  with the  procedures  provided  for  in Article  113  of  the 
Treaty,  decide  to  refer  to  the  Association  Council  established  by  the  Agreement  with 
regard  to the  measures  provided  for  in Articles  29  and  118(2) of the Agreement.  Where 
necessary, the Council shall adopt these measures in accordance with the same procedure. 

The  Commission  may, on  its own  initiative  or at the request  of a Member  State,  present 
the necessary proposals to this end. 

Article 3 

1 .In the case of a practice that may justify  application by the Community  of the  measures 
provided  for  in Article  64 of the Agreement,  the  Commission,  after  examining  the  case, 
on  its  own  initiative  or  at  the  request  of  a  Member  State,  shall  decide  whether  such 
practice  is  compatible  with  the  Agreement.  Where  necessary,  it  shall  propose  the 
adoption  of  safeguard  measures  to  the  Council,  which  shall  act  in  accordance  with  the 

OJNrL181,  1.07.1992,  p.21 

2 

procedure  laid  down  in  Article  113  of  the  Treaty,  except  in the  cases  of  aid  to  which 
Regulation  (EC)  Nr  521/94  applies,  when  measures  shall  be  taken  according  to  the 
procedures  laid  down  in  that  Regulation.  Measures  shall  be  taken  only  under  the 
conditions set out in Article 64(6) of the Agreement. 

2.In the  case  of  a practice  that  may  cause measures  to  be  applied  to the  Community  by 
Bulgaria  on the  basis  of Article  64 of the Agreement,  the  Commission,  after  examining 
the case, shall decide whether the practice is compatible with the principles  set out in the 
Agreement.  Where  necessary,  it  shall  take  appropriate  decisions  on  the  basis  of  the 
criteria which result from  the application of Articles 85, 86 and 92 of the Treaty. 

Article 4 

In the case of a practice which is liable to warrant the application, by the Community,  of 
the  measures  provided  for  in  Article  30  of  the  Agreement,  the  introduction  of 
anti-dumping  measures  shall  be  decided  upon  in  accordance  with  the  provisions  laid 
down  in Regulation  (EC) Nr  521/94 and the procedure provided  for  in Article  34(2)  and 
(3)(b) or (d) of the Agreement. 

Article 5 

1. Where  a  Member  State  requests  the  Commission  to  apply  safeguard  measures  as 
provided  for  in Articles  31 or  32 of the Agreement,  it  shall  provide the  Commission,  in 
support  of  its  request,  with  the  information  needed  to  justify  it.  If  the  Commission 
decides  not  to  apply  safeguard  measures,  it  shall  inform  the  Council  and  the  Member 
States  accordingly  within  five  working  days  of receipt  of  the  request  from  the  Member 
State. 

Any  Member  State may  refer  this decision  of the Commission  to the Council  within  ten 
working days of its  notification. 

If the Council, acting by the qualified  majority,  indicates its intention to adopt a  different 
decision,  the  Commission  shall  inform  Bulgaria  thereof  forthwith  and  shall  notify  it  of 
the opening of the consultations within the Association Council as provided for  in Article 
34(2) and (3) of the Agreement. 

The Council, acting  by a qualified  majority,  may take a different  decision  within  twenty 
working days of the conclusion of the consultations  with Bulgaria within the  Association 
Council. 

2.The  Commission  shall  be  assisted  by the  committee  established  by Reg  (EQ3491/936 
(hereinafter  referred  to as 'the Committee'). 

The Committee  shall meet when convened by its chairman. The latter shall  communicate 
any appropriate  information  to the Member States at the earliest  opportunity. 

OJNr319,21.121.1993,p.l 

3 

3.Where  the  Commission,  at  the  request  of  a  Member  State  or  on  its  own  initiative, 
decides that  the  safeguard  measures  provided  for  in Articles  31 or  32 of the  Agreement 
should be applied: 

-it  shall  inform  the  Member  States  forthwith  if  acting  on  its  own  initiative  or,  if  it  is 
responding to a Member State's request, within five working days of the date of receipt of 
that request, 

-it shall consult the Committee, 

-at  the  same  time  it  shall  inform  Bulgaria_and  notify  the  Association  Council  of  the 
opening of consultations as referred  to in Article 34(2)and (3) of the Agreement, 

-at  the  same  time  it  shall  provide  the  Association  Council  with  all  the  information 
necessary for these consultations. 

4.In  any  event,  the  consultations  within  the  Association  Council  shall  be  deemed  to  be 
completed  thirty  days  after  the  notification  referred  to  in  the  fourth  sub  paragraph  of 
paragraph  1  and in paragraph 3. 

At the  end  of the  consultations  or on expiry  of the period  of thirty  days, and  if no  other 
arrangement  proves possible, the Commission,  after  consulting  the Committee, may  take 
appropriate measures to implement Articles 31 and 32 of the Agreement. 

5.The  decision  referred  to  in paragraph  4 shall  be  notified  forthwith  to  the  Council,  the 
Member  States and Bulgaria; it shall also be notified  to the Association  Council. 

The decision shall be immediately  applicable. 

6.Any Member  State may refer the Commission  decision referred  to in paragraph 4 to the 
Council within ten working days of receiving notification  of the decision. 

7.If  the  Commission  has  not  taken  a  decision  within  the  meaning  of  the  second 
subparagraph of paragraph 4 within ten working days of the end of the consultations with 
the Association  Council  or, as the case may be, the end  of the period  of thirty  days, any 
Member  State  which  has  referred  the  matter  to  the  Commission  in  accordance  with 
paragraph 3 may refer  it to the Council. 

8.In  the  cases  referred  to  in  paragraphs  6  and  7  the  Council,  acting  by  a  qualified 
majority,  may adopt a different  decision within two months. 

Article 6 

1 .Where  exceptional  circumstances  arise  within  the  meaning  of  Article  34(3)(d)  of  the 
Agreement,  the  Commission  may  take  immediate  safeguard  measures  in  the  cases 
referred  to in Articles 31 and 32 of the Agreement. 

2.If  the  Commission  receives  a  request  from  a  Member  State,  it  shall  take  a  decision 
thereon within five working days of receipt of the request. 

The Commission  shall notify  the Council and the Member States of its decision. 

3.Any Member  State may refer  the Commission's  decision to the Council  in  accordance 
with the procedure provided for in Article 5(6). 

The procedure set out in Article 5(7) and (8) shall be applicable. 

If the Commission has not taken a decision within the time limit mentioned  in paragraph 
2, any Member  State which has referred  the matter to the Commission may refer  it to the 
Council  in  accordance  with  the  procedures  laid  down  in  the  first  and  second 
subparagraphs of this paragraph. 

Article 7 

The  procedures  laid  down  in  Articles  5  and  6  shall  not  apply  to  products  covered  by 
Protocol  1  of the Agreement. 

Article 8 

By way  of derogation  from  Articles  5 and  6, if the circumstances  demand  that  measures 
are  taken  concerning  agricultural  products  on  the  basis  of  Articles  22  or  31  of  the 
Agreement  or  on  the  basis  of  provisions  in  the  Annexes  covering  these  products,  such 
measures  shall  be taken according  to procedures  provided  for  by the rules  establishing  a 
common organization of the agricultural  markets, or in specific  provisions adopted  under 
Article  235  of  the  Treaty  and  applicable  to  products  resulting  from  the  processing  of 
agricultural  products, provided that the conditions established under Article 22 or Article 
34(2) and (3) of the Agreement are met. 

Article 9 

Notification  to  the  Association  Council  as  required  by  the  Agreement  shall  be  the 
responsibility  of the Commission, acting on behalf of the Community. 

Article 10 

This Regulation  does not preclude the application  of safeguard  measures provided  for  in 
the Treaty establishing the European Community, in particular in Articles  109h and  109i, 
according to the procedures laid down therein. 

Article 11 

This  Regulation  shall  enter  into  force  on the day  following  that  of  its publication  in  the 
Official  Journal of the European Communities. 

It shall apply from  the entry into force of the Europe Agreement. 

This  Regulation  shall  be  binding  in  its  entirety  and  directly  applicable  in  all  Member 
States. 

Done at Brussels, 

For the Council 
The President 

ISSN 0254-1475 

COM (94) 657 final 

DOCUMENTS 

EN 

il  02 

Catalogue number : CB-CO-94-684-EN-C 

ISBN 92-77-84061-7 

Office for Official Publications of the European Communities 

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